July 2014 Archives

The National Labor Relations Board ruled on July 29 that McDonald's could be named as a joint employer. This would potentially bring the company under closer scrutiny with regard to its labor practices. In March, employees of the company from three different states filed lawsuits alleging that the company used software to control labor costs. If costs were too high at any given point, employees were told to wait before clocking in.

On July 1, a New York speech therapy teacher filed a lawsuit in a Richmond County court alleging that his former supervisors harassed him and discriminated against him for being gay. According to the plaintiff, he was harassed for his sexual orientation in front of students and other teachers, and he was retaliated against when he filed a complaint.

McDonald's locations in New York are being accused of terminating multiple employees for allegedly being involved in union activity by a worker group. The National Labor Relations Board is now investigating whether the employees were fired for an illegal reason, namely for attempting to join labor unions.

A Methodist Hospital employee says that she was wrongfully fired after she told a manager that the medical students helping treat cancer patients as part of the Center for Allied Health Education curriculum did not have health clearances. The woman had worked in the teaching facility as a program director for about seven months prior to her Dec. 6, 2013 termination.

On behalf of Shulman Kessler LLP posted in Sexual Harassment on Friday, July 18, 2014.

Working women in New York may be aware that they could face challenges in the workplace that are not as common for their male counterparts to experience. In the male-dominated technology industry of Northern California, there have been multiple allegations made recently by female employees against higher-ranking male executives for sexual harassment and improper workplace conduct. One story to recently make headlines serves as a reminder that there is no set rule as to who can become the victim of sexual harassment or who can be subject to a sexual harassment lawsuit.

The U.S. District Court for the Southern District of New York recently ruled that a woman who was denied a promotion to a management position was eligible to proceed with discrimination claims against her company. According to the judge, a woman who has given birth within four months of a perceived issue is still protected against pregnancy-related employment discrimination. He noted in his decision that women are clearly protected if they are pregnant or on maternity leave. If a woman was recently pregnant, details are not quite as clear in terms of how long after a pregnancy the protections remain in place. However, the judge noted that the pattern that has been observed in the U.S. Court of Appeals for the Second Circuit uses four months as the cutoff point.

A New York Supreme Court judge made a decision during the week beginning on June 30 in a case involving the Buffalo Bills. The team's cheerleading squad, the "Buffalo Jills," is suing the Bills for unfair pay practices. According to the lawsuit, the Jills were not paid for many hours they were required to work and were also subject to fines for uniform violations.

New York workers may be interested to learn about a New Jersey woman who decided to sue her ex-employer after she was terminated in November 2012. According to reports, the woman believes that she was fired for an illegal reason after she returned from a medical leave.

On behalf of Shulman Kessler LLP posted in Sexual Harassment on Thursday, July 3, 2014.

New York residents may be interested to learn about a sexual harassment lawsuit that is being filed against the dating app Tinder. A former executive for the company has claimed that she was called derogatory names and forced to work in a 'frat-like" atmosphere before being stripped of her title as co-founder and forced to leave. She has also claimed that she received differing treatment due to gender when she was told that she lost her co-founder title for being a 'young female."

On behalf of Shulman Kessler LLP posted in Employee Rights on Tuesday, July 1, 2014.

New York employees may be interested in the story of one Albany nurse's struggle against workplace retaliation after reporting the abuses of other employees to her supervisors. The woman is one of a large group of Veterans Administration employees from various facilities prompting a government investigation into their claims.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.